Nov 7, 2015

Gary Lee Ross to be transported to Porterville State Hospital for life, psychotropic medication not ordered at this time

On November 6, a hearing for the receipt of medical evaluation on Gary Lee Ross was held in Courtroom 5. His family was more amenable yesterday and talked calmly with Mr. David Lee, after court.

Deputy District Attorney Stacey Eads was present for the People. Judge Joyce Hinrichs said she had read and considered all reports, Dr. Ramirez's report  September 28, 2015; CONREP's report received October 16, 2015, Redwood Coast Regonal Center's report received November 2, 2015 and a mental health report received October 27, 2015.

 The attorneys stipulated that the Court follow the recommendation ordering that Ross be placed for treatment at Porterville State Hospital. The commitment is for life and there maybe potential litigation later by his attorney that may have a different outcome.

Jusde Hinrichs said that the defendant has been found mentally incompetent based on reports. Since he was consenting to voluntary medication, there was no order necessary. Both Judge Hinrichs and Mr. Lee said the medical report was unclear, however psychotropic medication was not necessary at this time. Judge Hinrichs  said "additional findings would need to be made" if a request to administer psychotropic medication was requested later

Confirmation of transport is scheduled for November 20 at 2 p.m. A 90 day review is scheduled for Feb 1, 2016 at 2 p.m. and a six month review on August 8, 2016 at 2 p.m.

Nov 2, 2015

Family of Gary Lee Ross yells at his attorney; Ross is charged with burning a 60 year old over an argument over cigarettes and will be sent to Porterville State Hospital

Gary Lee Ross was in Courtroom 5 today and a report was given from the Redwood Regional Center to Visiting Judge Philip Schafer, Ross' attorney David Lee, and Deputy District Attorney Stacey Eads.

Based on the recommendation of the Redwood Regional Center, Ross will be sent to the Porterville State Hospital. Mental health has been ordered to prepare a medication order before the DA's office can prepare the transport order for Ross.

A hearing for status of that medication order is scheduled for November 9 at 2 p.m.

Ross' family was in court and after the hearing, they were talking with Mr. Lee. They were not happy with the Redwood Regional Center recommendation. They yelled at Mr. Lee who was trying to explain to them that criminal proceedings were suspended until Ross was evaluated for competency to stand trial, "What if he is found innocent? He will not get this time back. Thanks a lot for your help!"


Sep 5, 2015

Criminal proceedings suspended for Gary Lee Ross, who burned a 60 year old over arguments regarding cigarettes

Last week, upon request by Gary Lee Ross' attorney David Lee, Judge Marilyn Miles ordered that that criminal proceedings be suspended in his case and an evaluation was ordered by the director of the Redwood Regional Center. PC 1368, 1369, 1370 were discussed. Judge Miles said usually a court appointed psychiatrist does the evaluation to determine whether the client is competent to stand trial or not and Mr. Lee pointed out a sentence that gave the Regional Center that authority to do the evaluation and they can refer to psychiatrist.

Ross is a client of the Regional Center. His family was present in court.



Previous posts:

http://johnchiv.blogspot.com/2015/08/man-who-admitted-to-burning-60-year-old.html
http://johnchiv.blogspot.com/2015/08/witness-turns-out-to-be-suspect-gary.html



Nov 6, 2015

Jury trial set for David Viveiros charged with sex/sodomy and oral copulation/penetration with a child under 10 and aggravated sexual assault of a child under 14

 For the jury trial that is scheduled for December 28, Viveiros was arraigned on seven Counts.

Count 1 is sex/sodomy with a child under 10, Count 2 is oral copulation/penetration with a child under 10, Count 3 is sex/sodomy with a child under 10, Count 4 is sex/sodomy with a child under 10, Count 5 is sex/sodomy with a child under 10, Count 6 is sex/sodomy with a child under 10 and Count 7 is aggravated sexual assault of a child under 14 years.

Times was not waived. Pre-Trial hearing on November 30 at 2 p.m. . Trial Confirmation is December 14 at 2 p.m.
Deputy District Attorney Zachary Curtis was present for the People. Public Defender Ms. Meagan O' Connell subbed in for her colleague Luke Brownfield, who is representing Viveiros.

David Viveiros was held to answer on charges after his preliminary hearing, the People did not ask for certain counts to be held. These counts were for sex/sodomy with a child under 10 and oral copulation/sexual penetration with a child under 10.

Before the preliminary hearing, David Viveiros was charged with 16 counts of alleged sexual acts with a child under the age of 10 PC 288.7 (a).

Counts 1 and 2 sexual intercourse/sodomy; Count 3 oral copulation/penetration; Count 4 and 5 sexual intercourse/sodomy; Count 6 oral copulation/penetration; Count 7  and 8 also sexual intercourse/sodomy; Count 9, 12 and 15 oral  copulation/penetration; Count 10, 11, 13 and 14 sexual intercourse/sodomy and Count 16 is aggravated sexual assault of a child under 14.

All charges are the same victim.

He is charged with 16 felonies and additional allegations against him which are serious felonies/strikes."
He also had a CLETS protective order served on him in court.
Previous posts:

johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged_14.html
johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged.html
http://johnchiv.blogspot.com/2015/09/dna-discovery-causes-continuance-for.html
http://johnchiv.blogspot.com/2015/08/county-counsel-files-motion-to-quash.html
http://johnchiv.blogspot.com/2015/06/man-charged-with-16-counts-of-alleged.html
http://johnchiv.blogspot.com/2015/06/david-viveiros-charged-with-sexual.html

Yet another disposition and reset hearing scheduled for Thomas Kane charged with the death of Gabe Jackson

A  disposition and reset hearing was scheduled for this afternoon in the Thomas Kane case. Once again, a disposition and reset was scheduled for January 26, 2015.

Kane is charged with the death of Southern Humboldt resident Gabe Jackson.

Count 1 is a felony, hit and run with injury or death. Count 2 is accidental death, knowledge and concealment, a misdemeanor.

Deputy District Attorney David Christensen is prosecuting the case. Kane has retained the services of private attorney, Ms. Kathleen Bryson.


CHP Press Release:


On October 5, 2014, at approximately 1230 hours,Thomas Kane was driving a Toyota Sequoia SUV southbound on Buck Mountain Road, south of Alderpoint Road, at approximately 30 miles per hour.  Gabriel Jackson was driving a Honda ATV northbound on Buck Mountain Road, south of Alderpoint Road, at an unknown speed.  For reasons still under investigation, the two vehicles were involved in a head-on collision.  Gabriel Jackson was fully ejected from the ATV and sustained fatal injuries.
The CHP established by investigation that when the collision occurred, instead of reporting it, Mr. Kane moved the ATV “over the edge of the embankment,” said Keat.
At approximately 10:05 a.m. on October 6, Marjorie Jackson, mother of Gabe Jackson reported the traffic accident to 911. However, the CHP report above alleges that the original time the collision occurred was approximately 12:30 p.m. on the fifth. “We have an ear witness,” Keat explained. Later, he says, “A search warrant for Kane’s vehicle confirmed the collision.”

Previous post:

Sep 17, 2015


Another disposition and reset hearing for Thomas Kane charged with accidental death of Gabe Jackson

Another disposition and reset hearing was held this afternoon in the Thomas Kane case.  He is charged with the death of Southern Humboldt resident Gabe Jackson.

Count 1 is a felony, hit and run with injury or death. Count 2 is accidental death, knowledge and concealment, a misdemeanor.

Kane has retained the services of private attorney Ms. Kathleen Bryson.

Deputy District Attorney David Christensen is prosecuting the case.

The new disposition and reset hearing is November 5 at 2 p.m. in Courtroom 2. A preliminary hearing has not been held yet in the case.

According to the comments in the post below, the victim was a nephew of Mendocino Sheriff Tom Allman.

This has so far has only been covered on Kym Kemp's blog. 

Roscoe Littlefield and Timothy Littlefield charged in a seven co-defendant case involving marijuana cultivation, timber operations without a license and 4 other counts

Seven co-defendant case had an arraignment scheduled to take place in Courtroom 5 this afternoon which includes Roscoe Littlefield and Timothy Littlefield,Sr. The arraignment was postponed until November 10 at 2 p.m. so private attorneys could be confirmed as counsel for 4 co-defendants, including Littlefield Sr who said he was going to try and retain Mr. Russ Clanton, who is representing his son Timothy Littlefield, Jr in another case.

Private attorneys Mr. Allan Dollison, Mr. Ben Okin and Mr. Neal Sanders will be asked by the Court to see if they can represent three co-defendants.

The offices of Public Defender, Conflict Counsel and Alternate Conflict Counsel were appointed for three defendants this afternoon but only one of them signed a 977 waiver, was arraigned and is excused from the November 10 arraignment. Conflict Counsel's Mr. Marek Reavis is his attorney.

Six counts, three felonies and three misdemeanors are alleged in this case for each co-defendant. The incident for which these seven men were being arraigned occurred "on and about July 21, 2014" according to the complaint. Deputy District Attorney Stacey Eads was present for the People.

Count 1 is possession of marijuana for sale, a felony. Count 2 is cultivating marijuana, a felony. Count 3 is allowing a place for preparing or storing a controlled substance, a felony. Count 4 is Timber operations without a license, a misdemeanor. Count 5 is Timber operations without a harvest plan, a misdemeanor. Count 6 is Misuse of Timberlands, a misdemeanor.

Littlefield Sr, has been featured on Pot Cops. http://hoggardfilms.com/portfolios/pot-cops/
He also lost a lawsuit against Humboldt County and the Court of appeals ruled that the seizure and destruction of  over1,500 pounds of marijuana was lawful. http://www.kmtg.com/node/2890
http://www.metnews.com/articles/2013/litt072913.htm

The post below is about Timothy Littlefield Jr.


Sep 21, 2015


People respond to Timothy Littlefield's brief in Appellate court, third trial decision still in limbo

The People have responded to the brief by Timothy Littlefield's lawyer in the first Appellate District Courts.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929


09/21/2015Appellant's reply brief.Plaintiff and Appellant: The People
Attorney: Office of the Attorney General     Supplemental.


Timothy Littlefield has been accused of molesting a female minor victim and in his first trial, the jury deadlocked 11 to 1. In his second trial, he was found guilty of 11 molestation charges but a mistrial was declared after the verdict. The Judge's decision in the second trial is being appealed.

If you are not familiar with the Timothy Littlefield, check out this link to the last post which has background and other links:


Previous posts:



New legislation taking effect Thursday allows veterans to access benefits by just presenting driver's license

New legislation taking effect Thursday will allow Humboldt County’s veterans to access all of their well-earned benefits simply by presenting a California driver’s license.

Assembly Bill 935, recently signed into law, will allow a vet to apply for a driver’s license or identification card with a designation that clearly identifies the individual as a veteran.
The improved identification process is timely as Veterans Day on Wednesday, Nov. 11 will honor the sacrifices of the country’s military service people. According to the U.S. Department of Veterans Affairs, over 10,000 of them reside in Humboldt County.

There are a number of federal, state and local benefits and services available to Humboldt County veterans, including assistance with employment, housing, health and counseling, educational opportunities and more. Historically veterans have been required to bring lots of documentation and discharge papers to benefit appointments. The veteran IDs will remove that red tape.

“This is going to be an awesome opportunity for all veterans who served honorably to be able to show their veterans status with a photo ID,” says Veterans Service Officer RenĂ¡ Maveety. “We are proud to be part of the steps for further recognition of our veterans service to our country.”

The designation received the support of medical and law enforcement organizations. Advocates have argued that the driver’s license designation will inform medical workers and police about an individual’s veteran status so that they can appropriately treat a veteran who may be suffering from medical trauma, such as Post Traumatic Stress Disorder, as a result of their service.

Local veterans will have to collect their original or certified military discharges commonly known as a (DD214) one final time, however, and bring it in to the Humboldt County Veterans Service Office (VSO). The county VSO, located in the Humboldt County Courthouse, will sign off on a Veteran Status Verification form. “With a quick verification and small chat about other possible benefits that may be available to them, our office will strive to make our portion of the process smooth,” says Maveety. Next, the status verification can be brought into a California Department of Motor Vehicles office.

The Humboldt County VSO also helps guide vets through local resources and remains in close communication with Humboldt State University’s Veteran Enrollment & Transition Services, College of the Redwoods’ Veterans Resource Center, the Employment Development Department, the Eureka VA Community-Based Outpatient Clinic and the Eureka Vets Center. Veterans may not be aware that they qualify for CAL-VET home loans and college tuition waivers. Their dependents may be eligible for tuition waivers, as well.

For more information, contact the Humboldt County VSO at 825 Fifth St., Room 310, Eureka, or call 707-445-7611. Walk-ins are welcome, but appointments are available.

Nov 5, 2015

We hope to bring cannabis cultivation out of the shadows, out of the hills says County staff to Planning Commissioners

Item number 2 on the Planning Commission agenda for today is a  proposed ordinance would establish where within the county the commercial cultivation of cannabis for medical use could take place, and would establish a permitting structure to allow for county oversight of the commercial cultivation of cannabis for medical use. The proposed ordinance would apply throughout the unicorporated areas of Humboldt County, including the Coastal Zone.

About 60 people including Julie Williams, Debbie Provolt, California Cannabis Voice Humboldt's Luke Bruner and Andy Powell are in the Humboldt County Board of Supervisors chambers this evening listening to presentations by County staff. Another 10 wandered in between 6:30 and 7 p.m.

Courthouse security said that including staff and Commissioners, 100 people turned out for today's meeting.

Encouraging broadest participation by growers and remediating environmental damage are two goals of the proposed ordinance.

Public comment had not started when I left. Planning Commissioner Lee Ulansey said that in the last two weeks, he had received a lot of questions and calls from the public. "One of the concerns expressed to me regularly is the process this ordinance has gone through so far," said Ulansey.

He said he had a number of ex-parte items to disclose later.

He asked County staff, "What's gone on in public?" "Where has the public not gotten input?" "Has there been much public process regarding large parcels/commercial cultivation?"

Steve Lazar listed meetings around the County that were held. "We could not get consensus" he said referring to the time it has taken for this ordinance to come to this stage. "Now we have a lot of people motivated that might consider things they wouldn't have a year ago."

Planning Commissioner Noah Levy asked Lazar, "How can we expect these guidelines to be followed by the public and enforced against those who don't? Incentivizing through streamlining will only work so far. There has to be a carrot and a stick."

Referring to Phase I, indoor grows and Phase II small grows, Levy asked "how successful have we been in getting them into compliance?"

Lazar said that in Phase II they "expedited abatement" and then made a reference to Phase I product being harvested before any enforcement, which elicited laughter from the audience. "Carrot is greater than the stick," said Lazar.

Deputy County Counsel Joel Ellinwood said, "This permit is for medical cannabis. It does not address the universe for recreational and criminal purposes."

Planning Commissioners:

ROBERT MORRIS Chair - Second District
DAVE EDMONDS Vice Chair - At Large
ALAN BONGIO First District
NOAH LEVY Third District
KEVIN MCKENNY Fourth District
BEN SHEPHERD Fifth District L
LEE ULANSEY-At Large

County staff:

KEVIN R. HAMBLIN, AICP Director, Planning and Building
JOEL ELLINWOOD, AICP Deputy County Counsel

PUBLIC HEARINGS

 2. Phase IV of The Medical Marijuana Land Use Ordinance, Regulating The Commercial Cultivation of Cannabis for Medical Use Concerning the adoption of Phase IV of the Medical Marijuana Land Use Ordiancne to regulate the commercial cultivation of medical marijuana and associated Mitigated Negative Declaration and Initial Study pursuant to CEQA. These amendments to the Zoning Ordinance and Local Coastal Program (LCP) provide for local regulation of land uses involving the commercial cultivation of medical marijuana consistent with newly enacted state law (SB643, AB266, and AB243) and other applicable regulations (including the Cannabis Cultivation Waste Discharge Regulatory Program administered by the North Coast Regional Water Quality Control Board). The ordinance is part of ongoing efforts to regulate land uses associated with medical marijuana in the county. The proposed ordinance would establish where within the county the commercial cultivation of cannabis for medical use could take place, and would establish a permitting structure to allow for county oversight of the commercial cultivation of cannabis for medical use. The proposed ordinance would apply throughout the unicorporated areas of Humboldt County, including the Coastal Zone.

If adopted, the Ordinance would add section 313-55.4 et seq. to Title III, Division I, Chapter 3, Section B, Part 1 (Coastal Zoning Regulations), and section 314-55.4 et seq. of Title III, Division 1, Chapter 4, Section B, Part I (Inland Zoning Regulations) to the Humboldt County Code. CEQA Review: A draft Mitigated Negative Declaration has been prepared for this Project. The Initial Study determined that no substantial evidence exists that the proposed project may have a significant environmental effect that cannot be fully mitigated to a less-than-significant level. (California Code of Regulations §15070 et seq.) The review period for public comments on the MND commences October 5, 2015, and ends November 4, 2015. 1. Open the public hearing. 2. Request that staff present the staff report, including policy options and alternatives 3. Receive public testimony. 4. Deliberate on the draft ordinance, public input, and policy options and alternatives presented 5. If necessary, direct staff to prepare modifications or additional information responsive to public input and commission deliberation. 6. Continue the public hearing until November 10, 2015



EPD Chief Andy Mills gives a preview of his gun safety educational campaign

On Tuesday, I reported that EPD Chief Andy Mills had pulled the safe storage firearms ordinance, for now and was working instead to educate the public.

He also said he is open to better solutions from the comunity. At the EPD press conference yesterday, Chief Mills spoke passionately about gun safety issues.

I asked him to give me a preview of his educational campaign for gun safety.

Below are his remarks:

We are going to work with the gun dealer community and gun clubs to educate on best practices in the prevention of gun theft.  I have discussed with at least one dealer to offer a discount on safes here in Eureka should people want them.  In the meantime we will continue to monitor gun theft and attempts and compare before with after the campaign.  Further definition will come when we identify how we will promote better gun retention techniques. 

BOL issued for Jesse Hiller, suspect in drug bust who also had revolver stolen from Pacific Outfitters




On 11/5/2015 at about noon Agents of the Humboldt County Drug Task Force assisted by Deputies from the Humboldt County Sheriff’s Office attempted to serve a Humboldt County Superior Court search warrant on the 1500 block of Anna Sparks Way in McKinleyville.  The warrant was to be served during a traffic stop, and authorized the search for a large quantity of methamphetamine for sale.  Two uniformed Sheriff’s Deputies in clearly marked vehicles performed the traffic stop.

The subject of the warrant, Jesse Curtis Hiller, fled from the traffic stop at a high rate of speed.  Hiller fled on School Rd. and then southbound on Highway 101 where Officers with the California Highway Patrol took over the pursuit.  Hiller made numerous evasive maneuvers and reached speeds well in excess of 100mph before the pursuit was cancelled in the interests of public safety.

Later in the afternoon Agents served a search warrant at Hiller’s temporary residence in Loleta.  Agents discovered at least seven pounds of processed marijuana packaged for sale, scales, packaging consistent with methamphetamine sales, and a loaded .357 caliber revolver.  The revolver had been reported stolen in the burglary of Pacific Outfitters in Eureka in August.

A Be on the Lookout message has been issued for Jesse Curtis Hiller, date of birth 08/10/1986, and for his vehicle, a black 2010 Chrysler 300 with black custom wheels and chrome trim with the license plate of 7EEE835.  The Drug Task Force asks that anybody with knowledge of the whereabouts of Hiller or the vehicle contact the Humboldt County Sheriff’s Office at 707-445-7251 or their local Police Department.





BOL out for 20 year old arrested for burglaries in Trinidad who fled from officers while being placed in patrol vehicle

On 11-05-2015 at about 9:13 a.m.  Humboldt County Sheriff Deputies were investigating several recent burglaries from the Trinidad Water Treatment Plant in Trinidad. The deputies went to a residence located in the 500 block of Old Wagon Wheel, Trinidad. The deputies contacted the suspect 20 year old, Michael Otis Springs.The deputies arrested Springs for Burglary and placed his hands in handcuffs behind his back.

As one of the deputies were walking Springs to the patrol vehicle he was able to break free from there control and run off into the woods. Deputies pursed Springs on foot, but lost sight of him. A K-9 responded to the scene from the Eureka Police Department to attempt to locate Springs. After an extensive search by law enforcement they were unable to locate Springs.

The Sheriff Office issued a Be on the Lookout (BOL) to other law enforcement agencies to arrest Springs for Burglary and escape from a peace officer. Springs is described as a white, male, 5’-10” in height, 145 pounds with brown hair and brown eyes.

"I suspected it to be blood", Jury in Warren case sees surveilance video from storage facility, hears testimony from EPD officer about blood and damage on abandoned KIA

This afternoon Undersheriff Billy Honsal, who was a Humboldt County DA investigator in 2012 and worked on the Jason Warren case testified about the surveilance video first shown this morning when Leslie Avila of Indianola storage testified.

The digital surveilance system is motion detected and Mr. Honsal took video between the hours of 5 a.m. and 6 a.m. on September 27, 2012. There were 8 vehicles that drove by. Times were 5:06, 5:13, 5:28, 5:31, 5:42, 5:43, 5:46 and 5:49. Only two cars were sedans going westbound and one was a light color at 5:28 a.m. The other cars were going eastbound and the last three appear to be emergency vehicles, two with flashing lights.

Other witnesses today included EPD Officer Wayne Rabang, who was the officer that responded to Debbi Zanotti's call about a "suspicious vehicle in the alley" at the Eureka Adult Day Care Center on California street; EPD Officer Ben Omey who took Dorothy Ulrich's wallet from Eureka Adult Day Care Center into custody and CHP Officer Mike Berry, who took a drive from Hoopa to Indianola cut-off  and he timed how long it takes to drive that distance.

Mr. Paul Sequeira who is prosecuting the case showed Officer Rabang photos of the damage to the KIA. In addition to the badly damaged vehicle, dents in the car, scrapes, when Officer Rabang testified, he mentioned a "reddish brown residue" on the left bottom side of the windshield. "I suspected it to be blood."

Officer Rabang also testified that the "front compartment was in disarray and there were shattered glass fragments on the seats." As Officer Rabang testified, the jury got to see photos on the projection screen of debris and trash bags in the KIA covered with broken glass fragments all over the seats and blood smears on the seat and seat handles of the KIA.


Bail set at one million, two hundred and fifty thousand for Payton charged with murder of Eliot Walin and three other felonies

Derek Charles Payton was arraigned this afternoon for the murder of Eliot Walin. He is charged with four felonies in this case.

He had other cases on calendar, no bail was set for two other cases. Payton has hired private attorney Manny Daskal to represent him. Deputy District Attorney Jackie Pizzo is prosecuting the case.

Count 1 is murder with a special allegation of intentionally discharging a firearm, a Taurus revolver, causing great bodily injury.

Count 2 is assault with a firearm, with special allegation of great bodily injury on Nicholas Edmund Deremer, not an accomplice to the above offense.

Count 3 is discharge of firearm with gross negligence.

Count 4 is maintaining a place for selling or using a controlled substance, marijuana. Special allegaton is during commision of crime, he used a firearm, a Taurus revolver.

Intervention is set for December 8 and Preliminary hearing for December 21.


Nov 3, 2015


Derek Payton arrested for Eliot Walin homicide

I had already done a post that this was pot related on October 27.

Oct 27, 2015


"Everyone on the streets knows who did it", Source close to man shot at Watson and F alludes to pot as motive

Eliot Michael Walin, was known as Eli to his friends.

Michael Acosta, who represented Eli in his 2013 cases and considered him a friend called his death tragic. He leaves behind his young daughter, Elliot, named after him and a mother and sister who are very close.

Eli did serve time in prison, he had a few cases in the Humboldt Superior Court system, the most recent being the 2013 charges against him for assault on Deputy Conan Moore. He plead to one charge but had another similar charge dismissed. He also had two misdemeanor assault and bettary cases in 2013, one against an Andrew Lee Cross dismissed.

"He was trying to turn his life around," Mr. Acosta told me this morning.

A source close to Eli who wishes to remain unnamed, said as far as he knows Eli was unarmed, has heard different versions of whether he was shot in the back or the chest and alluded to "pot" as a motive. "Everyone on the streets knows who did it.

EPD Press Release:

Department were dispatched to the report of multiple shots heard in the vicinity of the 1500 block of F Street.  Responding officers located a victim, Elliot Michael Walin (age 31 of Fortuna), lying in the roadway near the intersection of Watson and F Streets. Walin had sustained a single gunshot wound to his upper torso and was being attended to by a couple of citizens.

Medical aid was summoned and Walin was transported by ambulance to St. Joseph Hospital where he was later pronounced deceased.  While this was occurring, hospital staff contacted the EPD Communications Center to report a second male gunshot victim had been brought to the emergency room by acquaintances who found him walking on Wabash Avenue.  The second victim was uncooperative but admitted to investigators he was with Walin at the time the shooting occurred.

EPD quickly developed a number of strong investigative leads and a suspect was soon identified.  On 11/02/15, at about 12:30 PM, EPD officers were dispatched to a motel on the 1200 block of Fourth Street regarding a suspicious person/circumstances call (involving a possible embezzled or stolen vehicle on scene).  Upon arrival, officers located Derek Charles Payton (age 22 of Eureka) whom EPD investigators had previously identified as the suspect in the homicide.  Payton was taken into custody on two misdemeanor domestic violence-related warrants and subsequently transported to EPD Headquarters where he was interviewed by the lead investigator on this case, Detective John Gordon.

During the interview, Payton confessed to having shot at both victims over a marijuana-related dispute.  Payton was transported to the Humboldt County Correctional Facility where he was booked on his warrants and for 187(a) PC (Murder) and 245(a)(2) PC (Assault with a Deadly Weapon (Firearm).  His bail was set at $1,050,000.00.

Meanwhile, EPD investigators obtained search warrants for a room and two vehicles associated with Payton at the motel.  While securing the motel room, investigators detained a female occupant, Lindzy Rose Yee (age 30 of Eureka). Yee was on probation for drug related offenses.

During a subsequent search of the motel room, investigators located methamphetamine and heroin.  Investigators also located and seized a handgun believed to have been used by Payton during the shooting.



David Lockhart held to answer for charge of gross vehicular manslaughter and death of multiple victims

David Lockhart had a preliminary hearing scheduled this morning. He was held to answer on the charges and arraignment on information is on November 19.

There is only one victim in this case, Hannah Baker. John Doe, who was taken to the hospital, survived.


Sep 11, 2015


Preliminary hearing for David Lockhart charged with gross vehicular manslaughter is rescheduled for October 8

David Lockhart, is chared with a felony: homicide with the count of gross vehicular manslaughter and death of multiple victims. Yesterday, there was an intervention hearing in Courtroom 2 and the preliminary hearing for September 15 was vacated and a new date of October 8 was scheduled.

The Baker family, who lost their loved ones, have local  attorney Patrik Griego to represent them.

Deputy District Jackie Pizzo has been handling the case for the People. Mr. Russ Clanton represents Lockhart.

The District Attorney's office filed a stipulation and order on September 2 for independent analysis of a controlled substance.

Previous post (with other links and coverage):

http://johnchiv.blogspot.com/2015/08/da-wins-motion-david-lockharts.html


California Highway Patrol press release:

On November 12, 2014, at approximately 1730 hours, a 2002 Chevrolet Silverado pickup, driven by 48 year old David Lockhart of Weott, CA, was traveling south on US-101, north of Garberville. A 2012 Chevrolet Suburban SUV, driven by a 24 year old resident of Rio Dell, CA, was traveling north on US-101, north of Garberville. For reasons still under investigation, the Chevrolet Silverado pickup made an unsafe turning movement and traveled across the center median, into the northbound traffic lanes of US-101, while still traveling south.  The Silverado pickup subsequently collided head-on with the Suburban SUV in the #2 lane of northbound US 101.

Drivers of the both vehicles as well as the passenger of the Suburban SUV suffered major injuries as a result of the collision.  The driver of the Suburban SUV later succumbed to her injuries and was pronounced deceased at Jerold Phelps Community Hospital. The names of the Driver and Passenger of the Suburban SUV are being withheld pending notification of next of kin.

California Highway Patrol, Humboldt County Sheriff, Cal-Fire, Garberville Volunteer Fire department, and Redway Volunteer Fire department all responded to the scene. This collision remains under investigation by the California Highway Patrol - Garberville Area.


Drug impairment does appear to be a factor in this collision.  At the time of the collision, airbags in both vehicles deployed, and all occupants were properly safety-belted.

$200 million in tax credits available for businesses that want to expand and relocate to California, does your Humboldt business qualify?

Topic: California Competes Tax Credit Workshop
Location: Eureka City Hall, Council Chambers
Date/Time: December 7th from 9:30am to 11:00am

The Governor’s Office of Business and Economic Development (GO-Biz) is hosting a free workshop in Eureka on December 7th regarding the “California Competes Tax Credit.”  Small, medium, and large businesses are encouraged to attend the workshop and receive information and instructions on how to apply for this tax credit program.  In order to complete for the tax credit, a business must create jobs in California.  For example, a business based in Humboldt County that is seeking to buy new equipment and expand its number of employees would qualify. 

The program has approximately $200 million in tax credits available during the 2015-16 fiscal year for businesses that want to expand in or relocate to California.  The California Competes Tax Credit is an income tax credit available to businesses that want to come to California or stay and grow in California.  For fiscal year 2015-16, GO-Biz will accept applications for the California Competes Tax Credit during the following periods:
·         January 4, 2016, through January 25, 2016 ($75 million available)
·         March 7, 2016, through March 28, 2016 ($50.9 million plus any remaining unallocated amounts from the previous application periods)

Come and learn how your business can apply for millions in available tax credits.




No defects found by NTSB in Kia Jason Warren was driving, today's testimony builds on details in prosecution's case

Keeping his presentation focused and to the point, Mendocino Assistant DA Paul Sequeira is doing an excellent job presenting the People's case against Jason Warren.

The first witness to testify today was Jerome Cantrell, a mechanical inspector with the National Transportation Safety Board.

Answering detailed questions, the gist of his testimony was that there were no defects in the grey 2005 Kia Spectra that Jason Warren was driving when he allegedly ran down three joggers, killing Suzanne Seemann and Jessica Hunt's dog, Maggie.

Using photographs and testimony by Officer Charles Steen, Mr. Sequeira very effectively demonstrated the impact and devastation on the victims that were hurt and killed on September 27, 2012.

Items such as the silver and turquoise sneaker, the headlamp identified by Hunt and Little, tufts of hair the jury saw just a day ago, with measurements ranging from 145 to 232 feet, Steen's testimony was the most emotional part of this morning.

Warren, sat as usual, devoid of any emotion or reaction, with his head pointed down at the table as he heard testimony. Other witnesses included Debbie Zanotti who found the abandoned Kia in the parking lot of the Eureka Adult Day Care Center on California Street, Regina Payne who found Dorothy Ulrich's wallet tossed on the patio of the Eureka Adult Day Care Center and Leslie Avila, co-owner of Indianola Storage. A still from surveilance of video from the storage center was shown to the jury before court recessed for the morning.




Nov 4, 2015

Arcata man arrested in Garberville for concentrated cannabis and cannabis oil


On 11-04-2015, at approximately 3:33 p.m., the Humboldt County Sheriff’s Office received a call from an anonymous citizen reporting suspicious activity in front of a business located in the 900 block of Redwood Drive, Garberville.  The anonymous citizen reported that several subjects were standing around a parked Toyota truck and were inhaling “Whip-Its”.
Two Sheriff’s Deputies assigned to the Sheriff’s Office Garberville Station responded to the call and the group fled on foot upon seeing the Deputies.  A short time later, the parked Toyota truck associated with the subjects was seen traveling N/B on Redwood Drive.  One of the Deputies followed the vehicle onto Hwy. 101.  The Deputy observed a traffic violation and stopped the vehicle in the Benbow area.
The driver of the vehicle was identified as Andrew Vannort (age 34) from Arcata.  During the course of investigation, the Deputy located several hundred used “Whip-It” canisters in the bed Vannort’s truck.  Vannort was also found to be driving on a suspended drivers license.  The Deputy called for a tow truck and conducted an inventory search of Vannort’s vehicle.  Inside the vehicle the deputy located 32 individually packaged containers of suspected concentrated cannabis (Honey Oil).  Also located was over an ounce of “Shatter” which is another form of concentrated cannabis.
Vannort was subsequently placed under arrest and transported to the Humboldt County Correctional Facility.  Vannort was booked for possession for sales / transportation of concentrated cannabis, driving on a suspended drivers license, and violation of probation.  Vannort’s bail was set at $25,000.



Brendan Phillips pleads to statutory rape of minor victims and has to register as sex offender

Deputy District Attorney Brie Bennett sent me an email responding to my request for information on the plea deal reached in the Brendan Phillips case.

"Mr. Phillips plead to two counts of PC261.5(d). He will have a five year period of probation, during which time he will have to register as a sex offender and complete a sex offender treatment program. This resolution was done considering input from the victim, the defendant’s lack of criminal history, and a psychological analysis report. As with all our cases, this resolution also took into consideration the safety of the community, strength of the case and ensuring that justice is done."

 Phillips attorney Mr. Benjamin Okin did not respond.

Plea deal reached in Brendan Phillips case, an adult local man, charged with oral copulation and statutory rape of two minor victims

A plea deal was reached on October 14 in the case of Brendan Phillips, who is charged with the oral copulation and statutory rape of two minor victims.

I will have details of the plea from both the DA's office and Phillips' attorney, Mr. Benjamin Okin.

Sentencing for Phillips is scheduled for November 10 at 2 p.m. in Courtroom 8.

Phillips is 31 years old.


Aug 11, 2015


Preliminary hearing set for Brendan Phillips, a 21 year old charged with oral copulation and statutory rape of minor victims

Basically, the disposition and reset was scheduled. Today in court, Deputy District Attorney Jackie Pizzo appeared on behalf of Ms. Bennett for the People in Courtroom 2. Mr. Benjamin Okin who represents Brendan Phillips and has been communicating with Ms. Bennett said that "the People are requesting to set the preliminary hearing."

Mr. Okin then told Judge Marilyn Miles that he "won't have certain documents from the doctor until mid-September and that this case may resolve" once he has those documents and gives them to the People. Then, Mr. Okin suggested that the intervention hearing be set for mid-September and a preliminary hearing set for mid-October.

Judge Miles asked if the victims and their parents had been notified since this would extend when the preliminary hearing was held. Ms. Pizzo was not sure; then Judge Miles asked if there were emails between the People and the defense and Mr. Okin indicated yes.

Judge Miles again stressed that the victims be informed, if they did not already know.

Intervention is on September 24 at 3 p.m. and Preliminary hearing is on October 14 at 8:30 a.m.


Last post:


Jul 3, 2015


21 year old charged with oral copulation and statutory rape of minor victims hires private attorney, court hearing continued

Brendan Phillips is charged with oral copulation and stautory rape of two minor victims, one at least 10 years younger than him.

DDA Brie Bennett is prosecuting the case. Conflict Counsel's Mr. Greg Elvine-Kreis had been appointed as Phillips' attorney but he has now been able to retain a private attorney, Mr.. Benjamin Okin. The disposition and reset hearing for July 2 is now going to happen on July 9.


Previous posts:

http://johnchiv.blogspot.com/2015/05/attorney-for-21-year-old-charged-with.html
http://johnchiv.blogspot.com/2015/05/or-denied-forfor-21-year-old-with-two.html
http://johnchiv.blogspot.com/2015/05/21-year-old-charged-with-alleged-sexual.html

Autopsy conducted at 1 p.m. for Killian Shane O'Quinn, suspect involved in Nov 1 shooting of CHP officer


Suspect's firearm 






A press conference was held at 3 p.m. this afternoon at the Eureka Police Department and concluded around 3:20 p.m. Sheriff Mike Downey, Undersheriff William Honsal, EPD Captain Steve Watson, CHP Assistant Chief Scott Gillingwater and CHP Commanding Officer for Humboldt and Garberville Brett Fabri were also present at the press conference.

The suspect who died after shooting CHP officer Steve Curtis is 20 years old, had a 45 caliber semi-automatic Springfield Armory pistol, said Chief Andrew Mills. "We do not know where this gun came from. We have a 20 year old with a gun he could not buy. We have photos from facebook. Today, in Stanislaus and San Diego, we have two situations where an active shooter had to be routed out. As a county we have to get serious about gun safety issue. I understand the second amendment. We have a situation that almost cost an officer his life and it cost a young man his life."

The officer's gun was 40 caliber Smith and Wesson. An autposy was conducted today at 1 p.m. said Chief Mills.

O'Quinn is a local resident, not from Eureka even though he has an address of record from Eureka. No local criminal history. One out of state conviction. He was arrested for a DUI in Pennsylvania.

The other four passengers in the car were detained, interviewed and released, they were not armed and do not seem to be involved in the altercation between Officer Curtis and O'Quinn.

The officer is out of the hospital and "it appears he will make a full recovery" said Commanding Officer Fabri. Assistant Chief Gillingwater thanked law enforcement as well as the community for their outpouring of support for Officer Curtis.

Chief Mills said that today's briefing was from the incident on Sunday, Nov 1, when a CHP officer "on-duty ended up having a gunfight with a suspect, who ultimately succumbed to injuries."

He gave out a timeline of events with information about the suspect and officer and weapon. After the investigation is completed, it will be forwarded to the Humboldt County District Attorney to review.

"As we grow up, each of us looks for heroes," is how Chief Mills opened his press conference. People we can respect and model our behavior after. We respect their actions and and appreciate their behavior. We think what we would do in this situation. Thousands of CHP officers and hundreds of police officers place their lives on line daily in very precarious situations. Sometimes we come out on top." Chief Mills voice choked up a bit as he said this, then he continued. "Based on the video I saw and the actions that took place, Steve Curtis is a hero."

Chief Mills said the green sedan involved in the November 1 incident was driving erratically, forcing people off the road. Officer Curtis recognized the five occupants in the green sedan. After the car "rested on the curb", Officer Curtis walked over and talked to O'Quinn. Asked him to step out of the vehicle, which is standard procedure, said Chief Mills. "O'Quinn pivoted his feet to the ground and mumbled something like, I'm about to have a bad day." Chief Mills said Officer Curtis had to tell him to step out of the car three or four times. O'Quinn pulled a gun out of his waistband, "broke away from the Officer's grip" and shot the officer in the upper right thigh. The Officer fired multiple rounds. The gunfight between the two lasted a few seconds, said Chief Mills. "Even on the ground, the suspect held gun in the air. The officer told people in the car to put their hands up in the air and to stay in the car. I cannot describe the discipline it takes to hold your fire when you are outnumbered and outgunned," said Chief Mills.

"We don't know O'Quinn's motivation," said Chief Mills. "There are rumors; people saying he wanted to die."

EPD Detective Terry Liles is the lead in this investigation. O' Quinn was hit multiple times in the upper body. No ballistics yet.


Nov 2, 2015

CHP officer involved in yesterday's shooting is okay


The CHP Officer involved in the shooting yesterday at 3rd and Q is out of hospital and doing okay, said EPD Captain Stephen Watson.

EPD is still investigating and no updates for at least a couple days.


Nov 1, 2015


DA to investigate officer involved shooting at 4th and Q


On Sunday, 11/01/15, at about 4:19 PM, Eureka Police Department officers were dispatched to the vicinity of 4th and ‘Q’ Streets to assist a California Highway Patrol officer who had just been shot during a traffic stop.  Officers from other local agencies responded to assist as well.

Upon arrival, officers observed an adult male down in the roadway next to the driver’s door of an older model, green two-door sedan.  The suspect’s vehicle was stopped facing northbound on ‘Q’ Street between 3rd and 4th Streets with the CHP unit behind it.  The CHP officer, who had been shot in the leg, was at his vehicle holding the remaining 4 passengers in the sedan at gunpoint.

EPD officers evacuated the wounded CHP officer back to a position of cover and then detained the occupants of the suspect’s vehicle one at a time at gunpoint.

Once the area was secured, emergency medical personnel summoned to the scene began rendering aid to the officer and suspect.  Both were transported to a local hospital by ambulance where the suspect was later pronounced deceased.  The officer sustained a non-life threatening gunshot wound and is expected to survive.


This officer involved shooting (OIS) is being investigated by the multi-agency Humboldt County Critical Incident Response Team (CIRT).  Since the incident occurred within the City of Eureka, EPD is heading up the investigation with a co-lead from the Humboldt County District Attorney’s Office.  Other agencies assisting with the CIRT investigation include the Humboldt County Sheriff’s Office, Humboldt County Drug Task Force, and Fortuna Police Department.  Criminologists with the California Department of Justice (DOJ) are processing the scene for evidence.

4th Street has been shut down to all westbound traffic at ‘R’ Street as investigators work through the night to process the scene.  ‘Q’ Street has also been closed to traffic between 3rd Street and Myrtle Avenue.

$250,000 bail for Devin Lee Schmidt a suspect who returned to the Muncie Street fire with fresh cuts on his hands and blood on his pants

On 11-03-2015 at about 4:00 p.m. a suspicious fire was investigated by Humboldt Bay Fire Department (HBF) at residence located in the1300 block of Muncie Street, Eureka. ( HBF) determined  the fire to be arson. Extensive fire damage, what appeared to be extensive vandalism was done prior to arson. (HBF) then contacted the Humboldt County Sheriff’s Office.

When deputies arrived on scene a possible suspect 23 year old Devin Lee James Schmidt returned to the fire  scene intoxicated. Schmidt had injuries consistent with the vandalism and blood evidence located at the scene, Schmidt was detained by deputies. Schmidt had fresh cuts on both hands, and blood on his pants.

An inspection of the scene, revealed fresh blood in and around the residence, including on a gas can believed to have been used in the arson. During the deputies investigation a  witness was located who claimed to have seen Schmidt leaving the residence as it was engulfed in flames. No persons were injured; however a family dog was perished in the fire.

Schmidt was placed under arrest by deputies for arson and violation of probation. Schmidt was transported to the Humboldt County Correctional Facility. Schmidt’s bail was set at $250,000.



Warren jury trial recessed for the day due to him being ill

At 10:04 this morning, I posted this:

Testimony in Day 2 has been paused twice due to Jason Warren needing a break
The second time he walked out of the courtroom, looked like he was going to throw up. Both breaks were sudden at the request of Warren. The second break was the mid morning break but now we took a third break.


After a request for a third break this morning around 11 a.m., Judge Cissna just informed us after the third break, "Mr Warren is ill.  We are going to recess for the day."

Court expected to resume tomorrow at 8:30. Judge Cissna added, "hopefully."

This morning, CHP officer Brent Walker, the lead investigator in charge of the Myrtle Avenue crime scene ( where the three joggers and a dog were allegedly hit by Warren) continued his testimony  on photos of the crime scene dnd identifying evidence. This included a mirror from the abandoned KIA Warren was driving, a silver and turquoise shoe which was identified by Jessica Hunt's (one of the victims who survived) as hers yesterday and the broken chrome piece from the KIA that was recovered on the scene.



$200,000 bail for 25 year old allegedly soliciting a 15 year old via social networking website

On 10-29-2015 at 9:25 PM a Deputy from the Mendocino County Sheriff's Office began an investigation into a suspicious situation reported by a parent of a 15 year-old female juvenile in Point Arena, California.

During investigations the Deputy learned the female juvenile had established contact with Thessalonian Catrell Love (25 years-old) by means of a social networking internet website.

During this time, Love obtained nude photographs of the female juvenile and sent her sexually related messages while reportedly being aware of her age.

The Deputy discovered Love had travelled to Point Arena and had made overt attempts on 10-29-2015 to meet with the female juvenile with the intention of the pair leaving the area together.

On 10-30-2015 at 1:14 AM Deputies from the Mendocino County Sheriff's Office located Love walking on Port Road in Point Arena.

During the contact, Deputies discovered Love was in possession of bus tickets to Southern California supporting the belief that he was attempting to persuade the female juvenile to leave the area with him.

Love was arrested for the Penal Code violations of 288.2 PC (Distribution of Lewd Material), 288.3 PC (Intent to Commit Lewd Act with Minor), 288.4 PC (Contact with Minor for Sexual Offense), 311.2 PC (Child Pornography) and 647.6 PC (Annoy or Molest of a Minor).

At the time of Love's arrest he was determined to be on active formal probation in San Bernardino County for an arson related offense.

Love was booked into the Mendocino County Jail to be held in lieu of $200,000.00 bail.

Investigations into this incident are on-going at this time.

Testimony in Day 2 has been paused twice due to Jason Warren needing a break

The second time he walked out of the courtroom, looked like he was going to throw up. Both breaks were sudden at the request of Warren. The second break was the mid morning break but now we took a third break.






"I remember lying in the emergency room and someone trying to take my wedding rings, I remember I didn't want to give them up."

Jessica Hunt, one of two victims that survived the hit and run on Myrtle Avenue, was the People's first witness in the Jason Warren case on November 3, right after the prosecution's opening statement.

She said she had lived in Freshwater for seven years, is married and has two children, 10 and 12 years old. She is a Montessori teacher. She did not look at Warren except once briefly glanced at him while answering a question.

Talked about her passion of running, now cycling. Was a member of Six Rivers Running Club for 16 years. Ran with "Terri and Suzie" in a small group and early morning hours was the only time they could fit in because they were teachers and had young children. Always wore reflective clothing, reflective vest, head lamps, always ran on sidewalks or edge of road facing oncoming traffic and "typically ran 5 miles. We picked Myrtle because of the wide shoulder, flat and it's beautiful." Never had any safety issues. Maggie, her dog has just started running with them and that morning, she had on a lit up collar and reflective leash that Hunt had just purchased.

As she started to testify about that morning, Hunt tensed up. She said she did not remember anything other than "helping fix Terri's head lamp" before they started running. No recollection, no memory.

She thinks that morning "Terri and Suzie" were ahead of running side by side and she was behind with her dog, Maggie. She said if they heard a car, they would typically get in a single file. September 27 was a Thursday.

 Mr. Sequeira: "What's the next thing you remember?"

Hunt: "I don't remember much until Sunday, in the hospital."

Mr. Sequeira asked her to briefly describe her injuries. Hunt said "head injuries, traumatic brain injury, some other technical things I don't remember, broken scapula, fractures of right tibia and fibula, two bones fractured in left foot, adrenal hemorrhage, collapsed lung, many lacerations on scalp and body that required staples." She said she was "in the main hospital for 11 days and in rehab for seven more days."

Mr. Sequeira: Has the brain injury affected your memory somewhat? Since the injury have you had memory loss?"

Hunt: "I have a lot of memory loss when I was injured but I don't currently have memory loss."

Mr. Sequeira then had Hunt examine evidence from sealed bags which he opened at the witness stand. He showed her a teal and grey sneaker. Hunt said, "That's one of my running shoes. I was the only one who wore Brooks shoes."

Mr. Sequeira showed her a blue head lamp. Hunt said, "I don't think that's the one I was wearing that day." She said that she was wearing a headlamp with a rubber band head strap, "this one has a webring head strap. My guess, it's Terri's but not sure."

Mr. Sequeira showed her a dark blue jacket. Hunt said, "Not my jacket, I don't know whose it is."

Mr. Sequeira: "But you don't recognize it?"

Then looking at the other item, Hunt said, "That's my other shoe." She identified her socks and said , "Terri, Suzie, we all had that brand of socks." She also identified a lavender vest as her, "not reflective", "those are my running tights" and a shirt and undergarments.

Terri Vroman Little was the second victim that survived the hit and run on Myrtle Avenue, was the People's second witness in the Jason Warren case. She lives outside the city limits of Eureka, has lived there 17 years, is married and her two younger children, ages "9 and almost 12" live with her. She is the founder of a local Montessori school.  Of several hobbies, "running is on top of her list" and she is also a member of Six Rivers Club. Of the many marathons she has run and trained for, the Boston Marathon in 2012 was one she trained for recently. She trained for those races with a small group of runners with a small group of runners. "Jessie Hunt was one of those; Suzie, our friend who was killed was one of those runners."

She confirmed what Mr. Sequeira said in opening about Hunt and Seemann and herself getting together to run and "mixing up the locations" convenient for all of them.

When Mr. Sequeira asked her about Sept 27, 2012, she said the batteries in her headlamp were not working properly and "Jessie helped click batteries in."

When asked about safety precautions they took, she responded, "I love running and want to live, so safety precautions are a part of that" and she also described the reflective clothing, reflective gear and how they ran against oncoming traffic. She also did not look at Warren, except once briefly.

Mr. Sequeira asked about a watch she used. She said yes, "A GPS watch" and when he showed her an item in an evidence bag, she said, "Yes, that looks like my old watch." She used the watch to keep track of far they went, the elevation gain and loss and to measure pace. She remembers turning on the watch the morning of September 27, 2012, she remembers two CHP officers asking her about the data from her watch about the run on September 27, 2012.

"I don't remember much about that morning, I remember starting it (the watch)," said Vroman Little.''

"What I remember is Jessie running in front of us with her dog Maggie. I don't remember what order Suzie and I were running. I know DNA evidence conflicts from what I said in the beginning."

"I know there was a conversation with Suzie teasing me about yet another marathon but over the last three years, I am not sure that happened."

Mr. Sequeira:"What is the next thing you remember?"

As she responded to Mr. Sequeira's question, Vroman Little broke down on the stand.

Vroman Little: "I remember lying in the emergency room and someone trying to take my wedding rings, I remember I didn't want to give them up. My husband was next to me explaining that if I took them off, they could fix my leg. My leg was hurting."

She was in the "main hospital for a week and then rehab for another week."

Asked to describe her injuries, she said, "I have traumatic brain injury caused by several small bleeds in brain damage to the third optical cranial nerve, some damage to my left eye, bruising to my lung near rib, cuts on my face, hematoma on my left elbow, badly broken tibia and fibula, needed metal rods and screws to put back together, lot of soft tissue damage to my foot."

Mr. Sequeira showed her some items in evidence bags. "That is my running shoe from my right foot that I was wearing on Sept 27, 2012." He showed her a headlamp. "I don't think it's mine. I think it was Suzie's." He showed her a strap to a headlamp which she identified as the strap of the headlamp she was wearing.

And then crying as she identified these other items, "Those are my running tights, my other shoe, shirt I was wearing underneath, white long running shirt, very reflective, reflective gear and undergarments." The last item she identified was a headlamp that belonged with the strap she identified earlier.






"Beaten, stabbed, chopped, murdered."

Mendocino Assistant District Attorney Paul Sequeira, who is prosecuting the Jason Warren case for Humboldt County started his opening remarks, "Dorothy Evelyn Ulrich, 47 years old, married, husband Tim Ulrich Sr, homemaker from Hoopa, three adult children. Suzanne Seemann, married, husband Hank, two children. These Humboldt County women didn't know each other and had no connection in life. In the early morning hours of September 27, they would be horribly connected in death."

"You are going to take the journey how law enforcement came to investigate this case."

"In the early mornings of September 27, on Old Arcata Road, three buddies got together three times a week to run, Jessica Hunt, Terri Vroman Little and Suzanne Seemann. They would get up and meet before work. They met at different areas in the County. They had run on Myrtle Avenue/Old Arcata Road number of times. Traffic was light, area was flat. These were serious runners, they wore reflective clothes, wore head lamps, most of the time they ran against northbound traffic so they could see it, they ran in a line. They were running northbound in the Southbound lane on the shoulder with Maggie, Jessica Hunt's dog. They met sometime around 5:20 a.m. at Three Corners Market.  You will hear Terri Vroman Little has one of those fancy watches that times everything. She started it at 5:23 in the morning. The first lap was 9 minutes and 58 seconds. Sometime before 5:38 in the morning, as they are running, everything comes to a screeching halt because they are run down from behind from a car. We know that because you will see evidence in the roadway, their bodies, shoes, lights, headpieces all littered across Old Arcata Road."

"You will hear from Lalanya Beck who works at the Post Office. As she is coming to work, she sees a car, looking like it is making a U turn, looks like it is turning eastbound in northbound lane. When that car/truck turns, it heads southbound to Eureka in the northbound lane for a distance. She doesn't think much about it until she sees debris in the road and realizes it is a body. It's Jessica Hunt who was left in the roadway. She calls law enforcement. Sgt. Ron Sligh who lives in Eureka and works in Arcata comes across Lalanya Beck and sees body in the road, he tends to Ms. Hunt. At points, she is moaning, tries to ask her questions, looks around a little more, hears a woman screaming, it's Terri Vroman Little who is in a ditch, dealing with her own catastrophic injuries, shines lights some more and sees Suzanne Seemann in a ditch, doesn't hear any sound, tries to perform CPR, can't feel pulse, comments she's gone."

At this point, Mrs, Shirley Ortega, Dorothy Ulrich's mother, left the courtroom.

"Shoes knocked off victims. When you think of the force that ran them down, you will see Suzanne Seemann's shoe in the middle of the field, almost 80 feet away. You will hear what all that means. In the ditch, Maggie, Jessica Hunt's dog is also dead. Law enforcement collects some evidence; pieces of headlight glass, side mirror of car, a chrome hood. They want to ID the car in the hit and run collision. There was something they did not find. No skid marks, no braking, something that would leave evidence in the roadway. None."

"Suzanne Seemann's fatal injuries also told a story. She had a gaping wound in back of her thigh consistent with bumper impact, hot her head going forward, tore the inside of her mouth, again indicator of being hit from behind. What ultimately killed her was horrific fractures in skull and deadly brain injury."

"You are going to see Jessica Hunt and Terri Vroman Little testify today. The brain injuries have affected their memory. Rods and pins put in but they are here today, to tell you their story."

"An EPD police officer's wife, Debbie, going to work on California street in Eureka. At 6:30, no one is usually there. She sees a car parked across two spaces. Goes over to see, is on the phone with her daughter. She sees a broken windshield and gaping hole in the middle, dens, does not see anyone in the car. Calls it in right away. Police converge on it and take car to be processed. What happened on Myrtle was broadcast all over. First thing they find out is who the car is registered to. Find out the car belongs to Deborah Morton in Hoopa. CHP heads to Hoopa. Officer Nelson contacts tribal officer Kane. They contact Deborah Morton. Comes out of home sleepily, tells them I haven't had the car for a few days, lent it to my friend Dorothy Ulrich. It is not licensed or insured. They go to Dorothy Ulrich's mobile home and pound on the door, announce who they are, pound on the door again, door does not open. Law enforcement thinks someone in there maybe hiding. Tiffany Matson, a neighbor comes over and says KIA was here last night and she saw her last night. Tim Ulrich is a long haul driver, gone for months. Maria Ulrich is on the phone with her brother. Tiffany calls Dorothy Ulrich,  answering machine picks up. With permission from Tim Ulrich, ladies get in the house, officers hear screaming by Maria Ulrich, she's dead, she's dead. Police officers go in and make a grizzly discovery. Dorothy Ulrich is face down in a pool of blood. You could see brain matter. Blood spattered all over boxes, she was moving."

"One thing they find near her body a lanyard, a metal decorative piece. When they processed the house, they found a decorative metal sword, like the lanyard that came off the sword during killing. They talk to Tim Ulrich. There were two swords. They haven't found the sword by the front door, they have not found the murder weapon."

"Dorothy Ulrich suffered four penetrative wounds, defensive wounds, cuts to her chest and lungs. Fingers swollen as if she was beaten. At least 4 lacerations to her head. Some evidence of strangulation. Hemorrhage of the brain. Beaten, stabbed, chopped, murdered."

"Now you have two murder scenes, Myrtle Avenue and Hoopa and they are looking for a connection. I tell you what the connection is, the defendant. Dorothy Ulrich and family had surveilance camera, videos, police collected and viewed from 26th of September to 27th of September. Defendant there most of the day on the 26th. Video in the mini market. You see victim and defendant meet. Defendant was supposed to be there to help victim pack up. Cameras at 4:30, you will see defendant walks out in the morning carrying what appears to be a sword in a sheath and a bag . You are going to hear audio of Dorothy Ulrich dying and her begging defendant for her life with her last words."

Ulrich family members, Hunt and Vroman Little leave the courtroom.

In the beginning, there is silence for a couple of minutes. Then, Ulrich's voice, "Oww, Oww. What are you doing?" You hear sounds like a thud. "Please stop, Please stop, Jason, stop you are hurting me. What are you doing? Jason, stop,  Jason, please, stop, what are you doing? Jason, please, stop it." You hear whacking sounds. "Jason, aah, Jason, I can't do this, oww. "  You hear a man's voice say what sounds like be quiet. "Oww the silence."

After audio is over, Mr. Sequeira facing the jury said, "Dorothy Ulrich's dying words. Please stop. I can't do this anymore. The voice not responding to her pleas to live will be identified as the defendant by his wife."

"At the adult day car center, an employee, police officer Zanotti's wife, sees a wallet belonging to Dorothy Ulrich. Now they have a suspect. They trace him to a home at West Sonoma, belonging to a friend Eddie Cook. That home is walking distance from adult day care center. Defendant said he came for a visit. He was arrested shortly after 5 p.m. when he was driving away with his wife and a friend in a truck."

"We have surveilance, audio, abandoned KIA near where he was arrested. Now forensic evidence. DOJ and criminalists do their work. Hairs stuck in front of the bumper similar to Maggie's hair. Mirror found on the scene, fits together in the KIA, even scratches are matching. Left window blood matched Jessica Hunt's DNA, other parts matched Suzanne Seemann's DNA and Terri Vroman Little's DNA."

"When they arrested Jason Warren, they got his clothes and shoes. Fibers in KIA consistent, not DNA but similar to Jason Warren's jacket. In defendant's clothing and shoes, right pocket of jacket, both socks, there is glass. When compared with windshield glass, again this is not DNA, it's consistent. Left shoe collected and defendant's shorts, blood matched Dorothy Ulrich's DNA."

"Let's put it together in real time. On September 26, 2012, defendant spent a lot of time with Dorothy Ulrich and at 4:30 he decided to brutally murder her with her husband's sword, takes her KIA and drives to Eureka, takes Old Arcata Road to Eureka. You will see a video from Old Indianola storage. It's dark but you can see a similar car going by. He drives on Myrtle Avenue, sees joggers, turns around and runs them down. Drives into Eureka, abandons car, throws victim's wallet in the patio, and hides out at his buddy's house."

"The video IDs him as the killer, the audio IDs him as the killer, the fibers ID him as the killer, the glass IDs him as the killer, the DNA IDs him as the killer."